Sexual Exploitation Charges in Arizona

Arizona has some of the strictest laws on the books for sex crimes.  If you are charged with Sexual Exploitation of a Minor pursuant to Arizona Revised Statutes (A.R.S.) § 13-3553 you will be facing a Class 2 Felony.

If the State charges you with Sexual Exploitation of a Minor for child pornography it must prove that you knowingly did one of the following:

(1)    Distributed, transported, exhibited, received, sold, purchased, electronically transmitted, possessed, or exchanged any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct

Or

(2)    Recorded, filmed, photographed, developed, or duplicated any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct

For Immediate Help

“Exploitive exhibition” is defined by A.R.S. § 13-3551(5) as the “actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.”

“Sexual conduct” is defined by A.R.S. § 13-3551(10) as a broad range of conduct that includes, amongst other things, sexual intercourse, oral sex, anal sex, masturbation for the purpose of sexual stimulation of the viewer, sadomasochistic abuse for the purpose of sexual stimulation of the viewer, defecation or urination for the purpose of sexual stimulation of the viewer, and bestiality.

Punishment for Sexual Exploitation of a Minor – Child Pornography

The punishment for child pornography convictions for violations of the Sexual Exploitation of a Minor statute vary based on the age of the minor in the images, but the harshest punishment is reserved for those depicting minors 14 years old or younger.  If that is the case, then the offense is considered a Dangerous Crime Against Children, and each charge which you are convicted of requires a mandatory prison sentence.  That prison sentence must be a minimum of 10 years, and a maximum of 24 years, and is a flat-time sentence, meaning you serve every day of that sentence.  In addition, each sentence for Sexual Exploitation of a Minor must be served consecutively to any other dangerous crime against children; for example, if you are convicted of three counts of Sexual Exploitation of a Minor for possessing three images of child pornography, you face, at a minimum, 30 flat years in prison.

If the minor was between 15 and 17 years old, then a person with no criminal history faces a potential punishment of 3 to 12.5 years in prison, or probation which can last up to lifetime.  If you have allegable prior felony convictions then you will not be eligible for probation and the prison range will increase, depending on the age and number of your prior convictions.

Conviction for any violation of Sexual Exploitation of a Minor for child pornography requires registration as a sex offender for the rest of your life.

What Can Be Done and What Defenses Are Available

First, if you receive unsolicited visual depiction of child pornography or other depictions involving sexual exploitation of a minor, you need to know that it is an affirmative defense to prosecution that you report the discovery of that depiction, pursuant to A.R.S. § 13-3559.  If you receive unsolicited visual depictions of child pornography or sexual exploitation of a minor you should still contact a sex crimes attorney to help you make the report to law enforcement and ensure that everything is appropriately documented.

It is critical in these cases for an attorney to begin working on your case at the earliest stages possible, even before charges are officially brought against you.  If you have computers or phones ceased and are questioned by law enforcement about child pornography or sexual exploitation of a minor, now is the time.  A good sex crimes attorney needs to begin building a case right away to present evidence that contradicts the state’s case.  That includes evidence that shows you did not knowingly possess the items, for example by showing that multiple people had access to a computer.

Often times these cases require consultation with computer experts.  Our attorneys have the right connections to make sure that the appropriate expert is hired to get the answers for your case.

An attorney will also look at the arresting agency’s work to make sure that they appropriately acted in handling evidence and in respecting your constitutional rights.  A violation of your Miranda rights may lead to suppression of statements you made.  The validity of the search warrant may be challenged if there is a flaw in its affidavit.

Serious Crimes Require Serious Defense

Gurion Legal is headed by Omer Gurion, a Board Certified Criminal Law Specialist, certified by the State Bar of Arizona Board of Legal Specialization.  Don’t be fooled by firms claiming they have specialists on board who then leave associates to work your case.  Gurion Legal is a boutique firm and you will get hands-on representation from the Specialist-Owner.  Early, aggressive intervention is the way to get r

What People Say

Client Testimonials

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Well, we aren’t finished yet, but already Mr. Gurion has displayed tolerance, patience, and truly gifted knowledge in his advice and guidance for me in regard to a criminal case that is already complicated but made more frustrating, at best, by my conduct (FTA x 2) thus far. On top of that, he brings with him a genuine swagger when entering the courtroom which shows in his actions and ability to to have an amazing working relationship with the prosecutor and judge alike. I’m am truly grateful to have had this gentleman appointed to represent me. Thank You Omer, you have already blessed me more than you could ever know.

Timothy

We just finished working together after receiving the verdict that we wanted, and I must say that Omer is highly skilled in the court room and very knowledgeable of the law. He was very patient with me every time we met and thoroughly answered all my questions. He was able to adjust his schedule to accommodate me as well as personally represent me at each court hearing that was requested. He communicated quickly and effectively to me and made sure I had a complete understanding before asking what I wanted to do next. Omer was very aggressive, as this case was extremely important to me and I am very fortunate to have had him represent me, thank you Omer!

Tanner

I worked with Omer for five years. He is always professional and ready to advocate for his clients. He is incredibly knowledgeable on the law and finds creative solutions for complex problems. I would highly recommend Omer Gurion for any criminal case.

Sam

Omer Ramiro is top notch criminal defense and is very good at what he does. Omer approached my case weighing out every scenario and fully explaining to me what may or may not happen along the way. He really put me at ease during a trying time in my life and applied the right finesse to get me a very acceptable pla that would have been impossible to get on my own. Truly a great outcome for me and I’m very relieved. Bottom line hes very good and would ask for him by name. I specifically did not initially seek out Omer Ramiro but went to a very respected law firm for representation in a criminal charge against me. I was assigned Omer and I’m very glad for this and would recommend him to anyone needing help. Aside from being good at his job hes actually quite a nice guy also. A+++

Michael

Thank you Omer for helping my family and I through the one of the hardest times that we have ever gone through. I had a trial coming up in two weeks in 2 weeks when I made the decision to hire Omer Gurion and that was the best decision I have ever made. Omer prepared himself for my case in only 2 weeks and destroyed the state’s poor case against me. After working with him I can say without a doubt he is undoubtedly one of the best criminal defense attorney’s there is because he is extremely articulate, intelligent and absolutely knows the law inside and out. The jury came back almost immediately with a “not guilty” verdict. I can’t even truly express how relieved I felt at that moment and it is all thanks to Omer and the defense team he works with. I say emphatically that you can count on Omer Gurion.

anonymous

I was in contact and worked with a couple of attorneys from the Rosenstein Law Group and was provided solid legal services but it wasn’t until I had the privilege of having Mr. Gurion on myside that I felt some bit of peace of mind or a little bit at ease. I’m sure Mr. Gurion had several clients while he was working with me, yet I never felt like just a number to him; I always felt like I was his number one priority. Mr. Gurion was never too busy to reply to an email or answer a call from me. Mr. Gurion was always calm, cool and collected and reassured me that everything was going to be OK for me and my family. Not only did Mr. Gurion reassure me, more importantly he delivered. I am a free man because of Mr. Gurion. If anybody is in need of legal assistance I would without a second thought I would highly recommend Mr. Gurion.

Jonathan

My son had a DUI arrest hanging over his head. We hired Omer to guide us through the process. He carefully outlined and explained all options available. He advised my son on a course of action based on his knowledge of the law and his experience. His advice was spot on. His guidance and responsiveness helped relieve the stress of the situation. We highly recommend Omer. You can put your confidence in him.

Dana

September 23, 2019

I was really in trouble and I wentto Rosenstain Law firm because of it was close by my home. Then I met with Omar and he checked my case and told me all of the things gonna happen . However, he trusts himself a lot which is very important for me. First when I received my warrant he directed me very well and took me out of the jail in 2 hours and reduced the bail from 25 k to $500. And at the end case was dismissed. He always believed me and did his best. I am so sad that I did not meet him before. I would highly recommend to work with him because you can just trust him and don’t keep your mind busy with court. He will do anything for you, and he knows what he is doing very well. I appreciate for all of his afford and making my case so easier.

Ozlem

Omer was not only extremely knowledgeable and efficient as an attorney but was very caring and supportive during a very difficult time for our family. Omer even followed up after the resolution to make sure we had everything we needed. I would recommend Omer Gurion highly. Thank you Omer!

anonymous
Samantha Knobbe

Omer is an excellent lawyer. He is known in the legal community as a skilled and prepared attorney. He is a fierce advocate for his clients.

Samantha Knobbe

Criminal Defense Attorney

One of the best criminal defense attorneys available. Incredibly knowledgeable, compassionate and communicative. Would absolutely recommend for any of your criminal defense needs. One of the best litigators with a client-centered focus. 10/10

Shannon McShay

Everyone at this firm is amazing Lisa is one of the strongest and nicest females on this planet and we need more of those, Omer doesn’t take the easy way out and fights FOR YOU, for a small growing firm they are the best in the business hands down, I have never had to deal with lawyers and attorneys before but I’m glad that this was my experience, having Gurion represent me was the best thing ever and we came out on top thank you guys again for everything!

TJ Stream

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